Single Judge dismissed the appeal challenging the Motor Accident Claims Tribunal's award of Rs.13,55,200/-, holding that the Tribunal correctly assessed the deceased's monthly income at Rs.9,000/- due to lack of evidence proving registration as a mason.
The appeal fails and is hereby dismissed; no enhancement of compensation is warranted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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2024:CGHC:29898
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 984 of 2020
... Appellant
versus
... Respondent
| For Appellant | : | Shri Divyanand Patel on behalf of Shri Rishikant Mahobia, Advocate. |
|---|---|---|
| For Respondent | : | None. |
| No.1 | ||
| For Respondent | : | Miss Shrishti Upadhyay on behalf of Shri |
| No.2 | Ghanshyam Patel, Advocate. |
Hon'ble Shri Deepak Kumar Tiwari, J
Order On Board
Digitally signed by KRISHNA KRISHNA KUMAR KUMAR BARVE BARVE Date: 2024.08.08 18:54:43 +0530
08/08/2024 :
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basis of notification (Ex.-A/10) issued under the Minimum Wages Act and evidence available on record, as no document was adduced to show that the deceased was working as Mason, quantified the monthly income of the deceased at Rs.9,000/per month. When no document is adduced for unskilled labour, the monthly wages as per the said notification, is Rs.7930/-. Therefore, no enhancement is required and the Appeal may be dismissed.
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of the deceased on the basis of estimation after taking into consideration the other evidence available on record.
Sd/-
(Deepak Kumar Tiwari)
Judge
Barve
3 issues framed by the court
Whether the monthly income of the deceased should be enhanced based on the deceased's profession as a mason in the absence of cogent evidence.
Whether the Motor Accident Claims Tribunal erred in assessing the monthly income at Rs.9,000/- when no document showed registration as a mason.
Whether the appeal against the partly allowed claim awarded compensation of Rs.13,55,200/- should be allowed.
1 provisions across 1 enactments
Sunil Kumar Bhagat
Satish Kumar Bhagat
Ramvilas Bhagat
Md. Imran
Cholamandalam M S General Insurance Company Limited
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
